Remedies

Montana State Fund v. Simms [12/29/10] 2010 MTWCC 41  The Court concluded that an appropriate remedy for State Fund’s dissemination of surveillance footage in violation of the Criminal Justice Information Act would be to exclude from evidence the opinion letter of a treating physician who viewed the surveillance footage and to preclude the consideration of any opinions derived from an IME panel to whom the treating physician’s letter was disclosed.
Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 Intervenor’s argument that if a remedy does not appear in the annotations, it must not be a permissible remedy, is not only a questionable conclusion, it is also an erroneous statement of fact. Remedies aside from “nondisclosure” are included in the annotations to Mont. Const., Art. II, § 10.
Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 Although § 39-71-2905, MCA, states that the penalties and assessments allowed against an insurer under chapter 71 are the exclusive penalties and assessments that can be assessed by the WCC against an insurer for disputes arising under chapter 71, when the respondent in a declaratory judgment action is not an insurer, the WCC is not constrained to the penalties and assessments allowed against insurers under chapter 71.
Beyl v. Liberty Northwest Ins. Corp. [12/21/00] 2000 MTWCC 75 Where a claimant presents persuasive evidence from an independent medical examiner that he needs surgery, but the IME physician is unwilling to do the surgery because he believes it would be a conflict of interest to assume the role of claimant's treating physician, and where no other physician has agreed to do the surgery, claimant shall have a reasonable, but not open-ended, time to find a surgeon willing to do the surgery.